Booman Tribune

"I Spy": Will 2006 Be 2005 Recycled?

by susanhu
Sun Jan 1st, 2006 at 10:48:46 AM EST

Will 2006 be more of 2005? More Bush administration scandals, more furious posting and commenting, more forays to occasional protests? Perhaps the first part of 2006. But by spring, we'll be looking 'round our own neighborhoods and states, concentrating more and more on the critical 2006 political races. Through our blogs -- which are our bistros and bars (perhaps moreso our 21st century grange halls) where we can find others who inspire us and make us think -- we'll be looking at each other's neighborhoods and states, reaching out to each other. We'll be asking each other for help, ideas, publicity, networking aid, and donations.

If we can control (well, at least influence) the news cycle through 2006, here are a couple stories I hope we exploit to keep the heat on Bushco and to stamp the label of "guilt by association" on every Republican candidate:

Iraqi Civil War? "Some Experts Say It's Arrived" ... (We've known that for a while, but we can still use it as a frame, er, a hammer, along with no WMDs, and on and on.) ...

Today's Los Angeles Times today critiques the application of the term "civil war" to Iraq. One fascinating section:

James Fearon, a Stanford University political scientist and an authority on modern conflicts, believes that Iraq's civil war began almost as soon as Hussein was ousted, and that it is now obscured and partly held back by the presence of foreign forces.

"I think there is definitely a civil war that has been going on since we finished the major combat operations," Fearon said. He rejects the position of many observers that a civil war is still only a possibility for Iraq.

"When people talk about 'Will there be a civil war?' they are really talking about a different type of civil war," he said.

Pat Lang has repeatedly said that Iraq is in the midst of a civil war:

... Lang has visited Iraq some 20 times over the years. Less than a year after the U.S. invasion, "it became clear," Lang said in a recent interview, that a civil-war-like conflict was under way. ...

... Lang says, pre-invasion Baathist Iraq [was] "a pressure-cooker approach to forming national identity," ... and "we interrupted this process of amalgamation [by] taking the lid off this pressure cooker, [allowing] these various elements to resolve themselves into their basic form." (From Pat Lang's story here, which quotes his interview in the December 2005 National Journal.)

One more reason to "heart" James Comey ... His appointment of Patrick Fitzgerald being the first ...

'member Johnny Ashcroft's serious pancreatitis and hospitalization in intensive care? "James B. Comey, who was acting as attorney general in [Ashcroft's] absence," was "unwilling to give his approval to certifying central aspects" to the "the National Security Agency's domestic surveillance program and refused to sign on to its continued use amid concerns about its legality and oversight." ("Justice Deputy Resisted Parts of Spy Program," New York Times, Jan. 1, 2006)

Andy Card (Chief of Staff) and Alberto Gonzales (then WH counsel) dashed to Ashcroft's bedside, in intensive care, and got on their hands and knees -- begging Johnny, who was fightin' for his life and in a world of hurt, to approve the program. Ashcroft, say some, expressed reluctance. (WTF was so urgent about getting the program going that Andy and Al invaded an intensive care unit?)

It is unclear whether the White House ultimately persuaded Mr. Ashcroft to give his approval to the program after the meeting or moved ahead without it.

Despite an enticingly cushy job offer at Lockheed Martin, I kinda wish that James Comey hadn't cashed in just yet. I wish he'd stuck around Justice longer, to keep an eye on things, to say "Hell no!" to 'berto once in a while, and to buffer Fitzgerald (if he needs it). During Comey's DAG confirmation hearing in October 2003, Sen. Chuck Schumer (D-NY) called Comey a "prosecutor's prosecutor." ... continued below ...

At its outset in 2002, the surveillance operation was so highly classified that even Larry Thompson, the deputy attorney general to Mr. Ashcroft, who was active in most of the government's most classified counterterrorism operations, was not given access to the program.

That led to uncertainties about the chain of command in overseeing law enforcement activities connected to the program, officials said, and it appears to have spurred concerns within the Justice Department over its use. Mr. Thompson's successor, Mr. Comey, was eventually authorized to take part in the program and to review intelligence material that grew out of it, and officials said he played a part in overseeing the reforms that were put in place in 2004. (NYT, Jan. 1, 2006)

At the outset of Comey's DAG confirmation hearing in October 2003, Orrin Hatch lauded Bush's choice of Comey as DAG.

The only two members of the Judiciary Committee to ask Comey about "civil rights" issues were senators Ted Kennedy and Russ Feingold.

Even though this hearing took place in October 2003 -- approximately two years after the NSA domestic surveillance program was authorized by Bush -- I couldn't find a single question of DAG nominee Comey about citizens' rights to privacy or constraints on domestic surveillance. That's because those senators did not know about the program, right?

++++++++++++

Adds Jane at FireDogLake blog:

Comey announced his resignation from the Justice Department in March 2005. And when BushCo. tried to appoint a Skull & Bones crony to oversee Fitzgerald, Comey did an end run around them and appointed the extremely ethical David Margolis to the task as his parting shot out the door.

++++++++++++

James Comey, our nation turns its lonely eyes to you. You, not 'berto, should have become AG. Maybe someday, some sensible, ethical president will appoint you to the nation's top legal beagle post.

By the way, several bloggers -- here and here -- are writing rather assumptive titles, in my opinion. I don't think the NYT piece gives us enough to declare, for example: "Even Bush's Justice Dept. wouldn't approve the spying program." We don't yet know enough about what went down inside Justice, or the White House.

Did Ashcroft stand up to Andy and Al? Jesus. The man was in intensive care, surely drugged heavily for his pain, and feeling incredibly weakened. It's perhaps more likely that he didn't want to override his stand-in, Comey.

++++++++++++

More on this, via Memeorandum:

WHEN JOHN ASHCROFT THINKS YOU HAVE A CIVIL LIBERTIES PROBLEM, you just might. -- Amygdala blog

... I'm still thinking there's at least a 2% chance of the I word coming into play, and I'm easily persuaded to go to 3%. I'm almost wondering if the WH has a taping system. They've been bound and determined to repeat almost every other criminally stupid thing their true previous White House incarnation did. (If they thought they could get away with "secret bombing" of Iran and Syria in this day and age, now, really, is there the faintest doubt that they'd have been doing it by 2004?)

If one prefers another lesson, and doesn't remember it well, or wasn't around, and you have a lot of reading time set aside, this [ED: Iran-Contra report], I'm sure, would be educational reading for many. Of course, that outcome remains, unfortunately, the most likely for this case, as well. But we shall see. I make no predictions as of yet. Things change, day by day, week by week, month by month, and events, as always, control. ...

See also: NSA Gave Other U.S. Agencies Information From Surveillance," at the WaPo today -- by Pincus



Display:

  When I saw that article on Comey early this morning it gave me renewed faith and answered many questions. The article's information should place several events in perspective for timing and decisions for Fitz'appt/Comey leaving, NYTimes learning of the program and Ashcroft stepping down.

  L-M is one of the major data-aggregators for the government and hearing this about Comey lets me think his position there respects the law and basic rights.

by rumi on Sun Jan 1st, 2006 at 11:24:14 AM EST
timing

Timing is everything, they say.

I'm hopin' that BooMan or Larry or Jerry will pick up this ball and nail down some more of the dates that I hinted at above ...

...

I'm still trying to figure out Comey's departure.  Was it because he couldn't stomach Gonzales?  (That's very likely.) Was it that "they" gave him an offer he couldn't refuse -- and a salary to boot?  Maybe he was just tired of Justice, and wanted to do something different?

Hickok: "You know the sound of thunder. Can you imagine that sound if I ask you to? Ma'am, listen to the thunder."

by susanhu (susanhuatearthlinkdotnet) on Sun Jan 1st, 2006 at 11:30:55 AM EST
[ Parent ]

  I think he was stuck between a rock and a hard place in having knowledge in all matters and witnessing the power of BushCo to destroy through the media. Any attempt to bring out any truth would have ended many good careers and ultimately failed.

  The chance came when the investigation into the Plame case arose and he could enable the special counsel to act as AG in power but also to do it unobstructed by media-political-leak influence. The best thing to do at that point was to remove himself as a target of misdirection or bias.

by rumi on Sun Jan 1st, 2006 at 11:41:50 AM EST
[ Parent ]
Would we, the American people, be better off had he stayed?  Or would Al have made him irrelevant?

Something that Orrin Hatch said in Comey's confirmation hearing:  The DAG position has gotten more and more important in recent years.

Would a Comey/Gonzales conflict have weakened the DAG's role?

just wondering ... speculating ...

Hickok: "You know the sound of thunder. Can you imagine that sound if I ask you to? Ma'am, listen to the thunder."

by susanhu (susanhuatearthlinkdotnet) on Sun Jan 1st, 2006 at 11:45:57 AM EST
[ Parent ]

  There were several confrontations that I wasn't sure who was more credible to believe but that article helped convince me. There are career professionals, like Comey, who were coming onto evidence that was manipulated and that the Bush administration in general was abusing their positions. The overwhelming secrecy that Bush invoked made it impossible to legally disclose these doubts without getting themselves in trouble. Look at the list of whistleblowers who have been damaged.

  A while ago, I saw the mention of a judge tearing into several Bush ex-officials over the Arar case. They tried to claim they had nothing to do with it and he let them know that L Thompson's signature on Arar's papers said otherwise. So, yeah, the DAG has become more critical of a position.

  Another doubt in all of this is the long running obstruction that Peter Fitzgerald encountered in trying to hold Lay and Enron others accountable. That always looked like it could be a suspicious part of moving Fitz to the Chicago district. That cast doubt on some of Comey's moves but with everything being classified, there's no way to know for sure. This why I said that the small piece in that article answered many questions for me.

by rumi on Sun Jan 1st, 2006 at 11:59:00 AM EST
[ Parent ]

  Just to add, if Comey had stayed, he would have been drug back into this from the normal business of all sides. This would've opened him up to media misinformation for any small detail. By empowering Fitz with all powers of the AG, Fitz had nobody to answer to in any move he made. Leap and the net will appear, eh?

by rumi on Sun Jan 1st, 2006 at 12:03:24 PM EST
[ Parent ]
The million dollar question is were there expanded "aspects" in 2004 in the program that Comey wouldn't approve? Something new that hadn't been approved since 2002? Or was this his first exposure to it & he balked?

Did you see the Dana Priest story on Friday? I wish it were in today's Sunday spread.

Perhaps results from 'enhanced' interrogations were being used to initiate surveillance? Pure speculation, but here's a curious coincidence of dates:

Behind the scenes, CIA Director Porter J. Goss -- until last year the Republican chairman of the House intelligence committee -- has gathered ammunition to defend the program.

After a CIA inspector general's report in the spring of 2004 stated that some authorized interrogation techniques violated international law, Goss asked two national security experts to study the program's effectiveness.

Though on second thought, I wonder if Comey would even have been aware of such debates at CIA.

Priest claims that Bush's covert programs have become the largest in history:

The broad-based effort, known within the agency by the initials GST, is compartmentalized into dozens of highly classified individual programs, details of which are known mainly to those directly involved.

GST includes programs allowing the CIA to capture al Qaeda suspects with help from foreign intelligence services, to maintain secret prisons abroad, to use interrogation techniques that some lawyers say violate international treaties, and to maintain a fleet of aircraft to move detainees around the globe. Other compartments within GST give the CIA enhanced ability to mine international financial records and eavesdrop on suspects anywhere in the world. (snip)

Still [despite widespread criticism], virtually all the programs continue to operate largely as they were set up, according to current and former officials. These sources say Bush's personal commitment to maintaining the GST program and his belief in its legality have been key to resisting any pressure to change course. (snip)

The CIA has stuck with its overall approaches, defending and in some cases refining them. The agency is working to establish procedures in the event a prisoner dies in custody. One proposal circulating among mid-level officers calls for rushing in a CIA pathologist to perform an autopsy and then quickly burning the body, according to two sources. (snip)

"The executive branch will not pull back unless it has to," said a former Justice Department lawyer involved in the initial discussions on executive power.  (snip)

In four years, the GST has become larger than the CIA's covert action programs in Afghanistan and Central America in the 1980s, according to current and former intelligence officials.

I wonder if COmey was forced out, & offered the job at Lockheed to keep him in line, or at least indebted & quiet?

". . . the more educated you are, the more indoctrinated you are. After all, propaganda is largely directed towards the privileged." -Noam Chomsky

by Arcturus on Sun Jan 1st, 2006 at 01:45:45 PM EST
[ Parent ]

  The questions you ask are the same ones I've been struggling with. Several sources in the news confirm the existence of rendition, surveillance of some sort and the use of FISA wiretaps back into the nineties.

  Within days of 9/11 the Bush admin moved to expand those powers that were already in place.

  The only logical explanation I can see is that these career folks were split on how far to take the govt power of surveillance but balance it with the new GWoT after 9/11. It looks like the cases the BushCo people were bringing forth didn't stand up in court too well, from the beginning. My guess is that the credibility of the justification Bush officials used kept failing the test and the more it failed, the more Bush wanted greater power. Bush did not like Comey because Comey challenged Bush from early points on.

by rumi on Sun Jan 1st, 2006 at 02:00:43 PM EST
[ Parent ]
Comey was not confirmed until Dec 2003, so the "expansions" of 2004 may have been his first introduction...  but he's worked for years in positions at almost this level...
by njr on Sun Jan 1st, 2006 at 03:11:05 PM EST
[ Parent ]
And why did he get more oversight than his predecessor?

Hickok: "You know the sound of thunder. Can you imagine that sound if I ask you to? Ma'am, listen to the thunder."
by susanhu (susanhuatearthlinkdotnet) on Sun Jan 1st, 2006 at 06:16:58 PM EST
[ Parent ]
  Check this article out when you have a chance

For Next Attorney General, Don't Look to Deputy

by rumi on Sun Jan 1st, 2006 at 07:01:25 PM EST
[ Parent ]
here's hoping he needed some distance, so he could do some quiet chatting with family and friends (Fitz being godfather to one of his children)...       here's hoping, anyway
by njr on Sun Jan 1st, 2006 at 03:02:41 PM EST
[ Parent ]
There is one thing I am fairly sure of and that is Fitz is not what they (WH) wanted in this position.  He really took them by surprise and he has done his job and this is what they are not accustomed to.  They just do not know how to do him in without being of a suspicious nature for all of the world now!  God, they really must be having nightmares all the time....:O)

The silence of the WH as of this last few weeks has been something to behold.  Where are they in their framing and mindset?????  This is what I want to know.  Are they spending their holidays ploting again to do something to someone someplace.  Knowing thier ways, I am very supicious of them.

by BrendaStewart (stormyweather1@hotmail.com) on Sun Jan 1st, 2006 at 01:19:18 PM EST
Besides, if Ascroft signed anything while he was under the infuluence of narcotics of pain medicine and the like.  He is not to be signing any thing legal while in this state of mind.  Remember he was still in ICU at the hospital from surgery.  Probably on a narcotic pain medicine pump.  This is the law..or was, anyhow...
by BrendaStewart (stormyweather1@hotmail.com) on Sun Jan 1st, 2006 at 02:00:53 PM EST
A little description of Ashcroft at that time from D Corn
full article linked here The Fundamental John Ashcroft

 Chosen by President Bush to win points with social conservatives, the attorney general seemed disengaged in his first months in office, disappointing his allies on the right. Many liberals were relieved to see him seemingly biding his time, and not acting like the zealot they had depicted during a bitter confirmation battle.

But after Sept. 11, Ashcroft became absorbed, if not obsessed, with his new mandate: Find the terrorists, stop them, and make sure this never happens again. He pushed forward with a series of bold measures that alarmed his critics and even unsettled some fellow conservatives. Within the administration, he emerged as the hardest of the hardliners, serving as the president's spear catcher for controversial initiatives like the military tribunals and the suspension of due process for noncitizens caught in the terrorism investigation. Once a critic of expanding the federal government's police powers, he now argued that the administration could be trusted to wield such powers wisely. A year earlier he had warned that using secret evidence in immigration proceedings violated the rights of the accused; now he ordered that certain immigration hearings be conducted in secret. And when critics, including some Justice Department and FBI officials, challenged his approach, his response echoed the president's post-Sept. 11 declaration to the world: You're either with us in the fight against terrorism, or against us.
-----------
The defiant attorney general who testified before his former colleagues in December was far different from the embattled nominee who had appeared before the same committee for his confirmation hearings 11 months earlier. In the fall of 2000, Ashcroft's bid for reelection to the Senate from Missouri had been defeated under weird, and demeaning, circumstances. His challenger, Mel Carnahan, had died in an airplane crash, and Carnahan's widow had agreed to take the seat if her deceased husband outpolled Ashcroft. The dead man defeated the living incumbent. Six weeks later, President-elect Bush named Ashcroft his choice for attorney general.
---------------------
During the hearing, Ashcroft was conciliatory, if unapologetic. He portrayed himself as an inclusive fellow who repudiated "racist ideas." He maintained that despite his fervent opinions on guns and abortion, he would not seek to remake laws that displeased him. It was a Joe Friday performance: He would be A.G. just to enforce the law, ma'am. Ashcroft won confirmation by a vote of 58-42-the narrowest margin of any Bush appointee. Nearly half of his former colleagues had slapped him in the face.
-----------------
And there was another similarity: his schedule. He often headed home to Missouri on Thursday afternoons and would not be in the office on Mondays. "Things piled up," says a senior department official. "When you have a job like this, it fucks up your life. Ashcroft was going home on weekends." One Friday early in Ashcroft's tenure, a top department official and an FBI agent flew to Missouri to have their boss sign a top-secret wiretap application connected with a terrorism investigation. Department gossip about the incident reached the Washington Post, which reported that "Ashcroft wasn't pleased to see [the pair] standing in front of his house. And there they stood in the cold while Ashcroft sat in his pickup to read and sign the documents."
----------------
 On the morning of Sept. 11, John Ashcroft and four aides were in the air, flying to Milwaukee in a government jet. A call came in on the attorney general's secure phone. He hung up and said, "Our world has changed forever."

His perhaps more than most. Ashcroft, the less-than-fully engaged attorney general, was now in charge of the largest criminal investigation in the nation's history. His department-which oversees the FBI, the Immigration and Naturalization Service, US Attorneys' offices, the Bureau of Prisons, and the Drug Enforcement Administration-was command central for efforts to detect and disrupt future plots. In the weeks after the attacks, and during the subsequent anthrax crisis, Ashcroft appeared before the TV cameras at all hours, often with the FBI's Mueller at his side, offering updates and reassurance about the administration's initiatives. The fleshy bags beneath his eyes became more pronounced. There would be no more four-day workweeks.

"It seems harsh to say, but prior to Sept. 11, I wouldn't have expected such a powerful reaction from Ashcroft," remarks one department official. "It quickly was evident that he took his new responsibilities very seriously."

If Ashcroft had entered the Justice Department without an agenda, he possessed one now. "We got speeches from him about not missing anything," recalls another Justice attorney. "He was a man with a cause. You could feel it in the building. To him, the job became terrorism, terrorism, terrorism. He was devastated by the attacks. It happened on his watch."

....More



by rumi on Sun Jan 1st, 2006 at 02:21:01 PM EST
Here's another situation from December 2003
Bush Grabs New Power for FBI
While the nation was distracted last month by images of Saddam Hussein's spider hole and dental exam, President George W. Bush quietly signed into law a new bill that gives the FBI increased surveillance powers and dramatically expands the reach of the USA Patriot Act. The Intelligence Authorization Act for Fiscal Year 2004 grants the FBI unprecedented power to obtain records from financial institutions without requiring permission from a judge. Under the law, the FBI does not need to seek a court order to access such records, nor does it need to prove just cause. Previously, under the Patriot Act, the FBI had to submit subpoena requests to a federal judge. Wired Tuesday January 06, 2004


by rumi on Sun Jan 1st, 2006 at 05:24:50 PM EST
More background for anyone unfamiliar with the influence of Rove to get Ashcroft's original appointment as AG.

There's an old saying that you should never let a fox guard the henhouse. The same could be said of the investigation into the latest White House scandal. Attorney General John Ashcroft is refusing to appoint an independent prosecutor to investigate who in the administration leaked the name of a CIA operative to journalists. This despite the fact that Ashcroft has long-standing ties to one of the main suspects: President Bush's top political advisor Karl Rove.
-------------
 Rove is best known as the driving force behind Bush's taking of the presidency, but he also worked for Ashcroft over the course of two decades.

"It goes all the way back to the mid 1980's when John Ashcroft first ran for governor and then when he ran for the United States Senate against Mel Carnahan," says Moore. "Karl was so intimately involved."

Not only did Rove work for Ashcroft in the 80s, but he was one of the main forces behind Ashcroft's controversial appointment to the job he currently holds, attorney general. Rove lobbied intensely for his former employer's nomination after Ashcroft lost his senate seat to a dead man, the late Mel Carnahan.

While Ashcroft was not Bush's first choice for attorney general, Rove reportedly told Bush that spilling some blood over the nomination of the fiercely right-wing Ashcroft was "a no-lose proposition."

Just as George W. Bush profited handsomely from the building of a stadium for his Texas Rangers baseball team, Karl Rove cashed in from the successful campaign in St. Louis to get a stadium built. The governor who signed the legislation?

John Ashcroft.

Now attorney general, Ashcroft is refusing to hand over the reigns of the criminal investigation of his political ally, former employee and longtime advisor, Karl Rove.
--------------
The Ties That Bind

  Ashcroft was in a position to protect his friends and also others he wasn't as loyal to. When he continually refused to appoint a special counsel, hoping the noise would settle down and be forgotten, the pressure finally forced him to recuse himself. Conyers played a big role in this. The conflicts of interest with career DOJ believing that Ashcroft was actually keeping the WH updated as to what developments were happening. Not just Rove, but Gonzales and Card were in doubt about the way they handled the notice to preserve evidence.

by rumi on Sun Jan 1st, 2006 at 07:33:25 PM EST
between indictments looming and George declaring himself king.


Grandma Jo
by glitterscale (glitteryscale@yahoo.com) on Sun Jan 1st, 2006 at 07:39:24 PM EST


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